79R15757 MXM-F
By: Uresti H.B. No. 3590
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Espada Development District;
providing authority to acquire water and wastewater improvements,
impose assessments and taxes, and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3833 to read as follows:
CHAPTER 3833. ESPADA DEVELOPMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3833.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "City" means the City of San Antonio.
(3) "District" means the Espada Development District.
Sec. 3833.002. ESPADA DEVELOPMENT DISTRICT. The Espada
Development District is a special district created under Sections
52 and 52-a, Article III, Section 1-g, Article VIII, and Section 59,
Article XVI, Texas Constitution.
Sec. 3833.003. MUNICIPAL CONSENT REQUIRED. Unless the
governing body of the city by resolution consents to the creation of
the district before January 1, 2007:
(1) the board may not hold an election to confirm the
creation of the district and to elect directors under Section
3833.024;
(2) the district is dissolved on that date; and
(3) this chapter expires September 1, 2008.
Sec. 3833.004. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 3833.024 before September 1, 2009:
(1) the district is dissolved September 1, 2009,
except that:
(A) the district shall pay any debts incurred;
(B) the district shall transfer any assets that
remain after the payment of debts to the city; and
(C) the organization of the district is
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2012.
Sec. 3833.005. PURPOSE; DECLARATION OF INTENT. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter.
(b) The creation of the district is necessary to develop,
encourage, and maintain employment, commerce, economic
development, and the public welfare of residents, employers,
employees, and consumers in the district and adjacent areas.
(c) Except as provided by this chapter, the creation of the
district may not be interpreted to relieve the city from providing
services to the area of the district. The district is created to
supplement and not to supplant the city services provided in the
area of the district.
Sec. 3833.006. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(c) The district will provide needed funding for the
district to maintain and enhance the economic health and vitality
of the district territory as a community and business center.
(d) The district may not act as the agent or instrumentality
of any private interest even though the district will benefit many
private interests as well as the public.
Sec. 3833.007. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter, as that territory may have been modified under:
(1) Subchapter J, Chapter 49, Water Code; or
(2) other law.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to impose taxes;
(3) right to issue or pay bonds; or
(4) legality or operation.
Sec. 3833.008. COMPLIANCE WITH MUNICIPAL CONSENT
RESOLUTIONS. The district shall comply with all applicable
requirements of any resolution adopted by the governing body of the
city that consents to the creation of the district or to the
inclusion of territory in the district.
Sec. 3833.009. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapter 49, Water
Code, does not apply to the district.
Sec. 3833.010. LIBERAL CONSTRUCTION OF CHAPTER. This
chapter shall be liberally construed in conformity with the
findings and purposes stated in this chapter.
[Sections 3833.011-3833.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 3833.021. INITIAL DIRECTORS. (a) If the governing
body of the city consents to the creation of the district under
Section 3833.003, the governing body shall appoint a board of five
initial voting directors.
(b) The governing body of the city shall appoint the initial
directors with:
(1) two initial directors' terms expiring on June 1,
2008; and
(2) three directors' terms expiring on June 1, 2010.
(c) This section expires September 1, 2011.
Sec. 3833.022. ORGANIZATIONAL MEETING OF INITIAL
DIRECTORS. As soon as practicable after the appointment of all the
initial directors, the initial directors shall meet at a location
in the district agreeable to a majority of the directors. At the
meeting, the initial directors shall elect officers from among the
initial directors and conduct any other district business.
Sec. 3833.023. CHANGE IN DISTRICT TERRITORY BEFORE
CONFIRMATION ELECTION. (a) Except as provided by Subsection (b),
Section 49.315, Water Code, applies to the district.
(b) The governing body of the city must approve by
resolution the addition or exclusion of any territory in the
district. The governing body may include conditions in the
resolution, including a condition that certain territory be added
to or excluded from the district.
Sec. 3833.024. CONFIRMATION ELECTION. (a) The initial
board shall hold an election to confirm the district's creation.
(b) The ballots for a confirmation election must provide for
voting "For District" and "Against District."
(c) If a majority of the votes cast in the election favor the
creation of the district, then the initial board shall declare that
the district is created and enter the result in its minutes. If
less than a majority of the votes cast in the election are against
the creation of the district, the initial board shall declare that
the district was defeated and enter the result in its minutes. The
board shall file a copy of the order with the governing body of the
city.
(d) The order canvassing the results of the confirmation
election must contain a description of the district's boundaries.
The initial board shall file the order in the district's records and
in the deed records of the county or counties in which the district
is located.
Sec. 3833.025. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2012.
[Sections 3833.026-3833.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3833.051. BOARD OF DIRECTORS; TERMS. The district is
governed by a board of five directors who serve staggered four-year
terms, with two or three directors' terms expiring June 1 of each
even-numbered year.
Sec. 3833.052. QUALIFICATIONS. (a) To be qualified to
serve as a director, a person must be at least 18 years of age and be
eligible to vote in the:
(1) city, if fewer than 1,000 individuals reside in
the district; or
(2) district, if 1,000 or more individuals reside in
the district.
(b) A change in the number of individuals who reside in the
district does not affect a director's entitlement to serve out the
remainder of the director's term.
Sec. 3833.053. APPOINTMENT OF DIRECTORS. The governing
body of the city shall appoint the district's directors.
Sec. 3833.054. NONVOTING DIRECTORS. (a) The following
persons serve as nonvoting directors:
(1) the directors of the following departments of the
city or a person designated by that director:
(A) finance; and
(B) public works; and
(2) the city manager of the city.
(b) If a department described by Subsection (a) is
consolidated, renamed, or changed, the board may appoint a director
of the consolidated, renamed, or changed department as a nonvoting
director. If a department described by Subsection (a) is
abolished, the board may appoint a representative of another
department that performs duties comparable to those performed by
the abolished department.
Sec. 3833.055. QUORUM. Nonvoting directors are not counted
for purposes of determining whether a quorum is present.
Sec. 3833.056. VACANCY. A vacancy on the board is filled
for the remainder of the unexpired term in the same manner as the
original appointment.
Sec. 3833.057. GENERAL VOTING REQUIREMENTS. Except as
provided by Section 3833.251, three directors must approve any
official district action.
Sec. 3833.058. COMPENSATION. A director is not entitled to
compensation for service on the board but is entitled to
reimbursement for necessary and reasonable expenses incurred in
carrying out the duties and responsibilities of a director.
Sec. 3833.059. REMOVAL OF DIRECTORS. A board majority may
petition the city's governing body to remove a director for
misconduct or failure to carry out the director's duties. The
governing body, after notice and hearing, may remove the director
for the misconduct or failure.
Sec. 3833.060. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Subchapter C, Chapter 49, Water Code, applies to the district,
except for Sections 49.053, 49.055, and 49.060.
[Sections 3833.061-3833.100 reserved for expansion]
SUBCHAPTER C. PUBLIC IMPROVEMENTS
Sec. 3833.101. GENERAL IMPROVEMENTS POWERS. The district
has all powers necessary to acquire, construct, and maintain
improvements specified by this subchapter.
Sec. 3833.102. WATER-RELATED IMPROVEMENTS. The district
may acquire, construct, or maintain stormwater, drainage and
detention facilities, sanitary sewer lines and pump stations, and
water lines and pump stations.
Sec. 3833.103. ROAD-RELATED IMPROVEMENTS; REIMBURSEMENT TO
PRIVATE PARTY. (a) The district may acquire, construct, or
maintain streets, including sidewalks, streetscapes, street signs,
traffic signals, and street lights.
(b) For construction that occurs after the district's
creation, the district may pay a private person for money spent to
construct a road or related improvement that will be transferred
under Subchapter D or to purchase a road or improvement constructed
by the private person.
Sec. 3833.104. TRANSIT FACILITIES. The district may
acquire, construct, or maintain transit facilities.
Sec. 3833.105. PUBLIC PARKING FACILITIES. The district may
acquire, construct, or maintain public parking facilities.
Sec. 3833.106. PUBLIC ART. The district may acquire,
construct, or maintain public art.
Sec. 3833.107. PARKS AND OPEN SPACES. The district may
acquire, construct, or maintain parks and open spaces.
Sec. 3833.108. PEDESTRIAN LINKAGES. The district may
acquire, construct, or maintain pedestrian linkages.
Sec. 3833.109. LIBRARY, POLICE STATION, FIRE STATION; CITY
CONSENT REQUIRED. After obtaining the city's consent by
resolution, the district may acquire, construct, and maintain a
library, police station, or a fire station.
Sec. 3833.110. CITY CONSENT REQUIRED FOR CERTAIN ROADS AND
CITY PROPERTY. Before the district begins a project that involves
the use of the rights-of-way of streets, roads, or highways or the
use of municipal land or any easements granted by the city, the
district must obtain the approval of the city's governing body in
the form of a resolution approving the plans and specifications of
the project, including a substantial alteration to a plan or
specification.
Sec. 3833.111. APPLICATION OF INTERLOCAL COOPERATION ACT.
For purposes of Chapter 791, Government Code, the implementation of
an improvement under this subchapter is a governmental function or
service.
Sec. 3833.112. ACQUISITION OF CERTAIN ENCUMBERED PROPERTY
PROHIBITED. The district may not acquire an improvement under this
subchapter that has a lien on it or is otherwise encumbered.
[Sections 3833.113-3833.150 reserved for expansion]
SUBCHAPTER D. TRANSFER OF PUBLIC IMPROVEMENTS
Sec. 3833.151. TRANSFER OF CERTAIN IMPROVEMENTS REQUIRED.
(a) Subject to Section 3833.155, the district shall transfer an
improvement as provided by this section when the district acquires
or completes the improvement and the receiving entity approves the
transfer.
(b) The district shall transfer a:
(1) water line or system, including a pump station or
other ancillary improvement, that is located in a portion of the
district that is in the certificated service area of the:
(A) San Antonio Water System, to that system; and
(B) Bexar Metropolitan Water District, to that
district;
(2) wastewater line or system, including a pump
station or other ancillary improvement, to the San Antonio Water
System;
(3) library, police station, or fire station to the
city;
(4) stormwater, drainage, or detention line or
detention facility, to the city;
(5) road or street, to the city;
(6) sidewalk, to the city;
(7) streetscape, to the city;
(8) street light, to the city;
(9) street sign, to the city;
(10) traffic signal, to the city; and
(11) pedestrian linkage, to the city.
(c) The district is not required to transfer an improvement
described by Subsections (b)(4)-(11) if the district and city enter
into a written agreement that the transfer is not required. The
district and the city may agree on other terms under this
subsection.
Sec. 3833.152. CONSTRUCTION STANDARDS. A public
improvement required to be transferred under this subchapter must
be constructed in compliance with the requirements and
specifications established by the appropriate receiving entity at
the time construction of the improvement begins.
Sec. 3833.153. OPTIONAL TRANSFER FOR CERTAIN IMPROVEMENTS.
(a) The district may retain bus terminals or may transfer the bus
terminals to the VIA Metropolitan Transit Authority or any
successor regional transportation authority or district with the
agreement of the authority.
(b) The district may retain public parking areas, parks and
open space improvements and public art, or may transfer these to the
city with the agreement of the city.
Sec. 3833.154. PARTIAL TRANSFER IN STAGES. The district
may transfer part of an improvement as provided by this subchapter
if the district constructs the improvement in stages.
Sec. 3833.155. TRANSFER WITHOUT DEBT REQUIRED. The
district shall convey all improvements that it is required to
transfer under this subchapter without debt or other encumbrance.
Sec. 3833.156. OWNERSHIP AND RESPONSIBILITY AFTER
TRANSFER. (a) After a transfer under this subchapter, the
receiving entity owns the improvement and has sole jurisdiction
and control over the improvement. The receiving entity is
responsible for all maintenance of the public improvement and the
district is not responsible for the public improvement or its
maintenance.
(b) This section does not affect any authority of the
receiving entity to alter, relocate, close, or discontinue
maintenance of an improvement.
Sec. 3833.157. CONTRACT WITH DISTRICT TO MAINTAIN
IMPROVEMENT AFTER TRANSFER. The district may contract with the
receiving entity to provide a higher level of maintenance to an
improvement transferred under this subchapter. The district shall
pay the receiving entity for the higher level of maintenance.
Sec. 3833.158. EFFECT OF CONVEYANCE ON DISTRICT DEBT.
Conveyance of a public improvement to the appropriate entity under
this subchapter does not affect:
(1) the sole responsibility of the district to pay in
full the principal of and interest and any premium on any
outstanding district bonds or other debt; or
(2) the district's responsibility to perform the
obligations provided by the orders or resolutions authorizing the
bonds or other debt.
[Sections 3833.159-3833.200 reserved for expansion]
SUBCHAPTER E. OTHER GENERAL POWERS AND DUTIES
Sec. 3833.201. CONTRACTS. In addition to the powers
granted by Section 49.057, Water Code, the district may contract
with any person for any district purpose, including governmental
entities, under terms and conditions the board considers advisable.
Sec. 3833.202. CONTRACT ELECTIONS. Section 49.108, Water
Code, applies to the district.
Sec. 3833.203. GRANTS; LOANS. The district may accept a
grant or loan from any person for any district purpose.
Sec. 3833.204. PROPERTY. The district may acquire or
dispose of any property right in any manner necessary, convenient,
or useful to exercise a district power.
Sec. 3833.205. SURPLUS PROPERTY. (a) The district may
sell, lease, or otherwise dispose of any property right that is not
necessary for or, if the property right is a lease, that is
inconsistent with the efficient operation and maintenance of the
district's improvements.
(b) The district may sell, lease, or otherwise dispose of
any surplus property that is not necessary to implement a district
purpose.
Sec. 3833.206. RECREATIONAL FACILITIES. (a) In addition
to the district's powers under Section 3833.106 or 3833.107,
Subchapter N, Chapter 49, Water Code, applies to the district.
(b) Section 49.454, Water Code, does not apply to the
district.
Sec. 3833.207. HEARINGS. The district may conduct hearings
and take testimony and proof, under oath or affirmation, at public
hearings, on any matter necessary to implement a district purpose.
Sec. 3833.208. NOTICES, REPORTS, AND BANKRUPTCY. (a)
Except as provided by Subsection (b), Subchapter M, Chapter 49,
Water Code, applies to the district.
(b) Section 49.454, Water Code, does not apply to the
district.
Sec. 3833.209. ANNEXATION OF DEVELOPER'S PROPERTY; TAX
INCREMENT REINVESTMENT ZONE; SERVICES. (a) In this section,
"developer" means a person who owns a tract of land in the district
and who has divided or proposes to divide the tract into two or more
parts to lay out a subdivision of the tract, including an addition
to a municipality, or to lay out suburban, building, or other lots,
and to lay out streets, alleys, squares, parks, or other parts of
the tract intended to be dedicated to public use or for the use of
purchasers or owners of lots fronting on or adjacent to the streets,
alleys, squares, parks, or other parts.
(b) The developer may petition the city to annex the
developer's property in the district and for the formation of a tax
increment reinvestment zone in the annexed property under Chapter
311, Tax Code.
(c) The developer and the city may negotiate the terms and
levels of services to be provided in the annexed area based on the
developer's projected development plan. The plan may provide that
one or more city services is not required unless and until the
property actually develops sufficiently to justify the service.
(d) In negotiating an agreement for services under this
section, the parties may agree to:
(1) any term allowed under Section 42.044 or 43.0751,
Local Government Code, regardless of whether the city or the area
proposed for annexation would have otherwise been able to agree to
the term under those sections; and
(2) any other provision to which both parties agree to
satisfactorily resolve any dispute between the parties.
(e) The terms and conditions of the negotiated service plan
bind the city for the period provided by Section 43.056(l), Local
Government Code, and the developer, the developer's heirs,
successors, and assigns, and any person taking title to all or a
portion of the property annexed under the annexation petition for
that period.
(f) The developer and the city may amend the negotiated
service plan. An amendment binds only the property owned or
controlled by the developer at the time of the approval of the
amendment by the developer and the city.
(g) The developer and the city shall forward the negotiated
service plan and any later amendments to the board.
Sec. 3833.210. PROHIBITION ON UTILITY SERVICES. The
district may not provide water, sewer, drainage, or flood control
services to residential, retail, or commercial customers in or
outside the district.
Sec. 3833.211. USE AND ALTERATION OF PUBLIC WAYS. (a) The
district may not change, alter, or damage the property, including
facilities, of the state or any other governmental entity or of
owners providing public services, or disrupt those services being
provided by others, or otherwise inconvenience the owners of that
property or those facilities without having first obtained the
written consent of those owners.
(b) If the owners of the property, including facilities,
desire to handle the change, alteration, or damage of the property,
including facilities, with their own personnel or to have the work
done by contractors of their own choosing, the district may agree
with the owners to provide for the necessary changes, alterations,
or damage of the property, including facilities, by the owners or
contractors and the reimbursement by the district to those owners
of the costs incurred by the owners in making those changes,
alterations, or damages or having them accomplished by contractors.
Sec. 3833.212. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
[Sections 3833.213-3833.250 reserved for expansion]
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS
Sec. 3833.251. BOARD VOTE REQUIRED TO IMPOSE ASSESSMENTS,
TAXES, OR BONDS. The district may not impose an assessment or tax,
or issue bonds, unless four directors vote in favor of the
assessment, tax, or issuance of bonds.
Sec. 3833.252. BORROWING MONEY. The district may borrow
money on terms and conditions the board determines.
Sec. 3833.253. APPLICABILITY OF WATER DISTRICTS LAW ON
GENERAL FISCAL PROVISIONS. (a) Except as provided by Subsection
(b), Subchapter E, Chapter 49, Water Code, applies to the district.
(b) Section 49.153, Water Code, does not apply to the
district.
Sec. 3833.254. INSURANCE. The district may obtain
insurance and pay premiums to insurers for insurance of any type in
amounts considered necessary or advisable by the board.
Sec. 3833.255. DISADVANTAGED BUSINESSES. Section 375.222,
Local Government Code, applies to the district.
Sec. 3833.256. AUDIT. (a) The board shall have the
district's fiscal accounts and records audited annually. The audit
must be completed not later than the 120th day after the date on
which the district's fiscal year ends.
(b) The person who performs the audit must hold a license
issued under Chapter 901, Occupations Code.
(c) The audit must be performed according to generally
accepted auditing standards.
Sec. 3833.257. STATE AUDITOR. The state auditor may audit
the financial transactions of the district if the state auditor
determines the audit is necessary.
Sec. 3833.258. FINANCIAL REPORTS. (a) The district shall
keep a full and itemized account of district money. These accounts
must be available for audit.
(b) Financial statements must be prepared in accordance
with generally accepted accounting principles.
Sec. 3833.259. APPLICABILITY OF WATER DISTRICTS LAW ON
CONSTRUCTION, EQUIPMENT, MATERIALS, AND MACHINERY CONTRACTS. (a)
Except as provided by Subsection (b), Subchapter I, Chapter 49,
Water Code, applies to the district.
(b) Section 49.279, Water Code, does not apply to the
district.
Sec. 3833.260. PREVAILING WAGE RATES; CITY. The district
shall use the prevailing wage rate in the city for purposes of
complying with Section 2258.022, Government Code.
Sec. 3833.261. HIGH TECHNOLOGY PROCUREMENT. In making a
high technology procurement, the district must comply with Sections
252.021(a) and 252.042, Local Government Code, in the same manner
as a municipality governed by that subsection.
Sec. 3833.262. ASSESSMENT ELECTION NOT REQUIRED. The
district may impose an assessment without approval at an election.
[Sections 3833.263-3833.300 reserved for expansion]
SUBCHAPTER G. TAXES
Sec. 3833.301. AD VALOREM TAXES FOR MAINTENANCE AND
OPERATION OR TO PAY BONDS. The district may impose ad valorem taxes
for maintenance and operation or to pay bonds in accordance with
Section 49.107, Water Code, and Subchapter G, Chapter 54, Water
Code.
Sec. 3833.302. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
(a) All or any part of the area of the district is eligible to be
included in a tax increment reinvestment zone created by the city
under Chapter 311, Tax Code.
(b) If the city includes all or part of the district in a tax
increment reinvestment zone, the city may, for the area in the
district, delegate to the district:
(1) all powers provided to the city under Chapter 311,
Tax Code; or
(2) the power to enter into an interlocal agreement
with an overlapping taxing unit for payment of all or a portion of
the tax increment of the unit to the district.
Sec. 3833.303. NO SALES TAX. The district may not impose a
sales tax.
Sec. 3833.304. NO TAX PHASE-INS AND ABATEMENTS. The
district may not grant a tax abatement or phase-in under Chapter 311
or 312, Tax Code, or any other law.
[Sections 3833.305-3833.350 reserved for expansion]
SUBCHAPTER H. BONDS
Sec. 3833.351. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue bonds payable wholly or partly from ad valorem
taxes, assessments, impact fees, revenue, grants, or other money of
the district, or any combination of those sources of money, to pay
for any authorized purpose of the district.
(b) The district may issue a bond or other obligation in the
form of a bond, note, certificate of participation, or other
instrument evidencing a proportionate interest in payments to be
made by the district, or other type of obligation.
Sec. 3833.352. CITY CONSENT FOR PUBLIC IMPROVEMENTS BONDS.
Before issuing any bonds in connection with an improvement under
Subchapter C, the district must obtain the approval of the city's
governing body by a resolution approving:
(1) the issuance of the bonds; and
(2) the plans and specifications of the improvement,
including any substantial alteration to a plan or specification.
Sec. 3833.353. CITY NOT REQUIRED TO PAY DISTRICT
OBLIGATIONS. Except as provided by Section 3833.452, the city is
not required to pay a bond, note, or other obligation of the
district.
Sec. 3833.354. APPLICABILITY OF MUNICIPAL UTILITY
DISTRICTS BONDS LAW. Sections 54.510, 54.512, 54.518, 54.520, and
54.521, Water Code, apply to the district.
Sec. 3833.355. BOND SALES. Section 49.183, Water Code,
applies to the district.
Sec. 3833.356. BOND ELECTIONS; GENERAL. Section 49.106,
Water Code, applies to the district.
Sec. 3833.357. BOND ELECTION REQUIRED. The district may
not issue bonds payable in whole or in part from taxes unless the
issuance is approved by a majority of the registered voters in the
district voting at an election held for that purpose.
Sec. 3833.358. BOND ELECTION NOT REQUIRED. The district
may issue bonds payable only from sources other than taxes without
an election.
[Sections 3833.359-3833.400 reserved for expansion]
SUBCHAPTER I. ADDITIONAL ELECTION PROVISIONS
Sec. 3833.401. TIME OF ELECTION. An election held under
this chapter may be held at the same time and in conjunction with
any other election.
Sec. 3833.402. ELECTION CALLED BY BOARD. The board may call
an election for the purpose of voting on any measure.
[Sections 3833.403-3833.450 reserved for expansion]
SUBCHAPTER J. DISSOLUTION
Sec. 3833.451. DISSOLUTION BY CITY VOTE. The governing
body of the city, by a vote of not less than two-thirds of its
membership, may by resolution dissolve the district.
Sec. 3833.452. ASSETS AND LIABILITIES TO CITY. After a
dissolution under this subchapter, the city assumes all debts and
assets of the district.
SECTION 2. Except as provided by Section 3833.023, Special
District Local Laws Code, as added by this Act, as of the effective
date of this Act, the Espada Development District includes all the
territory contained in the following described area:
Tract 1:
A 740.59 acre, or 32,260,018 square foot more or less, tract
of land being a portion of that remaining portion of a 1115.024 acre
tract as recorded and conveyed to Donald R. Vestal in Warranty Deed
recorded in Volume 5716, Page 396-412 of the Official Public
Records of Real Property of Bexar County, Texas, a portion of that
672.567 acre tract as recorded and conveyed to Bexar Metropolitan
Water in Warranty Deed recorded in Volume 7057, Page 1327-1336 of
the Official Public Records of Real Property of Bexar County,
Texas, being out of the Juan M. Uriegas Survey No. 32, Abstract 769,
County Block 4283 of Bexar County, Texas, situated in New City Block
(N.C.B.) 15647 of the City of San Antonio, Bexar County, Texas. Said
740.59 acre tract being more fully described as follows:
BEGINNING: At a found 1/2" iron rod on the east right-of-way
line of South Flores Street (F.M. 1937), a 40-foot right-of-way,
the southeast corner of said 672.567 acre tract, the west line of
said remaining portion of said 1115.024 acre tract;
THENCE: Along and with the east line of said South Flores
Street (F.M. 1937), the west line of said remaining portion of said
1115.024 acre tract, the following calls and distances:
N 14°09'09"W, a distance of 117.47 feet to a found 1/2" iron
rod;
N 14°52'33"W, a distance of 21.07 feet to a Texas Department
of Transportation Monument;
N 15°30'04"W, a distance of 1409.70 feet to a Texas Department
of Transportation Monument;
N 15°57'21"W, a distance of 2007.89 feet to a Texas Department
of Transportation Monument on the east right-of-way line of U.S.
Highway 281, a variable width right-of-way;
THENCE: N 13°16'45"W, along and with the east right-of-way
line of said U.S. Highway 281, a distance of 485.43 feet to a Texas
Department of Transportation Monument;
THENCE: N 16°07'55"W, continuing along and with the east
right-of-way line of said U.S. Highway 281, a distance of 905.55
feet to a found 1/2" iron rod;
THENCE: N 72°56'55"E, departing the east right-of-way line of
said U.S. Highway 281, the west line of the remaining portion of
said 1115.024 acre tract, a distance of 888.02 feet to a point on
the south line of said 35.80 acre tract, the north line of the
remaining portion of said 1115.024 acre tract;
THENCE: S 89°57'22"E, along and with the north line of the
remaining portion of said 1115.024 acre tract, a distance of
4361.85 feet to a point on the south line of a 2.090 acre tract
recorded in Volume 6749, Page 121-125 of the Deed Records of Bexar
County, Texas;
THENCE: S 00°00'00"W, departing the south line of said 2.090
acre tract, the north line of the remaining portion of said 1115.024
acre tract, a distance of 317.01 feet to a point;
THENCE: S 08°10'26"E, a distance of 1574.05 feet to a point;
THENCE: N 81°10'44"E, a distance of 586.75 feet to a point;
THENCE: N 78°26'10"E, a distance of 816.04 feet to a point on
the west line of said 672.567 acre tract;
THENCE: Along and with the west line of said 672.567 acre
tract. the following calls and distances:
S 13°56'24"E, a distance of 116.96 feet to a found 1/2" iron
rod;
S 33°07'16"E, a distance of 530.97 feet to a Texas Department
of Transportation Monument with a brass plate;
S 55°27'49"E, a distance of 144.31 feet to a Texas Department
of Transportation Monument with a brass plate;
S 60°34'06"E, a distance of 339.63 feet to a Texas Department
of Transportation Monument with a brass plate;
S 40°22'42"W, a distance of 217.12 feet to a found 1/2" iron
rod on the north line of said 672.567 acre tract;
THENCE: Along and with the north line of said 672.567 acre
tract, the following calls and distances:
N 75°06'48"W, a distance of 299.40 feet to a found 1/2" iron
rod;
N 63°23'14"W, a distance of 259.33 feet to a found 1/2" iron
rod;
N 37°10'46"W, a distance of 334.69 feet to a point;
THENCE: Departing the north line of said 672.567 acre tract,
the following calls and distances:
S 06°38'09"W, a distance of 275.92 feet to a point;
N 66°24'27"W, a distance of 140.04 feet to a point;
N 63°12'53"W, a distance of 118.33 feet to a point;
S 79°06'43"W, a distance of 113.52 feet to a point;
S 49°34'25"W, a distance of 80.15 feet to a point;
N 87°18'21"W, a distance of 110.18 feet to a point;
S 88°22'14"W, a distance of 170.33 feet to a point;
S 58°19'38"W, a distance of 165.81 feet to a point;
S 37°26'15"W, a distance of 188.04 feet to a point;
S 16°24'37"W, a distance of 140.40 feet to a point;
S 41°27'25"W, a distance of 263.61 feet to a point;
S 37°35'31"W, a distance of 243.33 feet to a point;
S 36°10'37"W, a distance of 108.98 feet to a point;
S 67°06'23"W, a distance of 117.23 feet to a point;
S 80°09'09"W, a distance of 334.62 feet to a point;
S 73°27'54"W, a distance of 230.48 feet to a point;
N 54°19'25"W, a distance of 163.98 feet to a point;
N 17°35'33"W, a distance of 430.18 feet to a point;
N 54°27'44"W, a distance of 172.07 feet to a point;
N 21°48'05"W, a distance of 188.51 feet to a point;
N 37°15'59"W, a distance of 289.05 feet to a point;
N 14°49'35"W, a distance of 351.76 feet to a point;
N 34°46'40"W, a distance of 219.18 feet to a point;
N 50°42'38"W, a distance of 142.15 feet to a point;
N 37°18'14"W, a distance of 132.02 feet to a point;
N 20°07'11"W, a distance of 537.89 feet to a point;
N 22°31'14"W, a distance of 221.95 feet to a point;
N 12°01'50"W, a distance of 311.89 feet to a point;
N 02°56'08"W, a distance of 195.28 feet to a point;
N 19°46'52"W, a distance of 111.22 feet to a found 1/2" iron
rod on the north line of said 672.567 acre tract;
N 89°53'20"W, a distance of 259.68 feet to a point;
THENCE: Departing the north line of said 672.567 acre tract,
the following calls and distances:
S 09°56'21"E, a distance of 530.36 feet to a point;
S 17°50'25"E, a distance of 228.49 feet to a point;
S 21°17'50"E, a distance of 316.62 feet to a point;
S 16°00'40"E, a distance of 598.20 feet to a point;
S 45°39'31"E, a distance of 307.61 feet to a point;
S 34°06'52"E, a distance of 187.22 feet to a point;
S 19°17'24"E, a distance of 402.60 feet to a point;
S 61°28'37"E, a distance of 104.71 feet to a point;
S 28°08'30"E, a distance of 243.82 feet to a point;
S 01°14'01"E, a distance of 232.25 feet to a point;
S 75°55'09"W, a distance of 22.99 feet to a point;
S 44°37'47"W, a distance of 83.38 feet to a point;
S 18°40'42"W, a distance of 205.95 feet to a point;
S 08°00'07"W, a distance of 133.57 feet to a point;
S 04°21'40"E, a distance of 153.65 feet to a point;
S 22°18'37"E, a distance of 115.10 feet to a point;
S 37°18'31"E, a distance of 112.15 feet to a point;
S 50°24'55"E, a distance of 186.70 feet to a point;
S 63°38'21"E, a distance of 108.62 feet to a point;
S 80°06'26"E, a distance of 191.33 feet to a point;
S 89°00'59"E, a distance of 115.96 feet to a point;
N 86°28'43"E, a distance of 179.35 feet to a point;
N 88°19'30"E, a distance of 78.78 feet to a point;
N 82°38'44"E, a distance of 129.80 feet to a point;
N 84°00'13"E, a distance of 197.49 feet to a point;
N 75°54'18"E, a distance of 208.41 feet to a point;
N 78°38'32"E, a distance of 193.76 feet to a point;
N 71°13'44"E, a distance of 231.05 feet to a point;
N 62°44'11"E, a distance of 123.08 feet to a point;
N 50°15'54"E, a distance of 149.00 feet to a point;
N 63°06'59"E, a distance of 166.38 feet to a point;
N 71°41'34"E, a distance of 64.52 feet to a point;
N 89°42'47"E, a distance of 27.62 feet to a point;
N 75°23'41"E, a distance of 76.58 feet to a point;
N 59°52'07"E, a distance of 124.83 feet to a point;
N 48°19'11"E, a distance of 54.41 feet to a point;
N 81°03'14"E, a distance of 175.20 feet to a point;
N 75°58'25"E, a distance of 154.24 feet to a point;
N 63°27'07"E, a distance of 132.46 feet to a point;
N 45°01'16"E, a distance of 111.58 feet to a point;
N 37°25'33"E, a distance of 49.74 feet to a point;
N 67°00'04"E, a distance of 76.76 feet to a point;
S 85°04'33"E, a distance of 99.44 feet to a point;
S 67°31'46"E, a distance of 122.13 feet to a point;
S 41°52'34"E, a distance of 62.30 feet to a point;
S 22°52'47"E, a distance of 87.06 feet to a point;
S 13°27'16"E, a distance of 120.82 feet to a point;
S 00°00'00"W, a distance of 112.66 feet to a point;
S 21°43'58"W, a distance of 123.92 feet to a point;
S 25°52'55"W, a distance of 161.82 feet to a point;
S 03°39'18"E, a distance of 104.10 feet to a point;
S 10°18'09"E, a distance of 292.00 feet to a point;
S 49°51'53"E, a distance of 66.40 feet to a point;
S 80°22'10"E, a distance of 85.28 feet to a point;
N 64°43'28"E, a distance of 159.65 feet to a point;
N 83°25'22"E, a distance of 83.04 feet to a point;
N 67°42'41"E, a distance of 124.59 feet to a point;
S 82°18'12"E, a distance of 155.12 feet to a point;
S 70°04'06"E, a distance of 90.99 feet to a point;
S 52°01'18"E, a distance of 216.61 feet to a point;
S 66°37'04"E, a distance of 201.52 feet to a point;
S 76°19'46"E, a distance of 197.81 feet to a point;
S 70°55'51"E, a distance of 84.60 feet to a point;
S 46°29'24"E, a distance of 60.73 feet to a point;
S 20°17'22"E, a distance of 168.97 feet to a point;
S 29°45'47"E, a distance of 72.65 feet to a point;
S 01°20'00"W, a distance of 96.88 feet to a point;
S 27°29'30"E, a distance of 63.48 feet to a point;
S 58°15'34"E, a distance of 111.32 feet to a point;
S 87°30'44"E, a distance of 103.79 feet to a point;
N 53°09'02"E, a distance of 90.14 feet to a point;
N 84°48'34"E, a distance of 124.49 feet to a point;
N 59°11'16"E, a distance of 129.89 feet to a point;
N 24°32'06"E, a distance of 115.64 feet to a point;
N 77°40'11"E, a distance of 92.58 feet to a point;
S 84°17'37"E, a distance of 85.21 feet to a point;
S 62°08'27"E, a distance of 173.69 feet to a point;
N 82°41'59"E, a distance of 71.00 feet to a point;
S 76°18'10"E, a distance of 76.21 feet to a point;
S 49°55'12"E, a distance of 89.68 feet to a point;
S 03°41'39"E, a distance of 112.11 feet to a point;
S 34°42'58"E, a distance of 307.98 feet to a point;
S 48°33'12"E, a distance of 324.35 feet to a point;
S 09°52'23"E, a distance of 131.90 feet to a point;
S 03°49'01"W, a distance of 169.87 feet to a point;
S 51°25'25"W, a distance of 425.43 feet to a point on the south
line of said 672.567 acre tract;
THENCE: N 73°30'59"W, along and with the south line of said
672.567 acre tract, a distance of 2068.97 feet to a point;
THENCE: S 84°13'34"W, departing the south line of said 672.567
acre tract, a distance of 3741.80 feet to a point, a southeast
corner of said 672.567 acre tract;
THENCE: N 72°46'06"W, along and with the south line of said
672.567 acre tract, a distance of 3116.51 feet to the POINT OF
BEGINNING, and containing 740.59 acres in the City of San Antonio,
Bexar County, Texas. Said tract being described in accordance with
a survey made on the ground and a survey map prepared by Pape-Dawson
Engineers, Inc.
Tract 2:
A 219.94 acre, or 9,580,576 square foot more or less, tract of
land being all of that 98 acre tract as recorded and conveyed to
Erwin J. Ripps in Warranty Deed recorded in Volume 2423, Page
332-334 of the Official Public Records of Real Property of Bexar
County, Texas, a portion of 96.14 acre tract as recorded and
conveyed to Shamrock Logistics Operations in Special Warranty Deed
recorded in Volume 8840, Page 1936-1940 of the Official Public
Records of Real Property of Bexar County, Texas, a portion of 67.25
acre tract as recorded and conveyed to Erwin J. Ripps and Eleanor L.
Ripps in Warranty Deed recorded in Volume 5907, Page 639-641 of the
Official Public Records of Real Property of Bexar County, Texas,
and being out of the Juan M. Uriegas Survey No. 32, Abstract 769,
County Block 4283 of Bexar County, Texas, all in New City Block
(N.C.B.) 11166 of the City of San Antonio, Bexar County, Texas. Said
219.94 acre tract being more fully described as follows:
BEGINNING: At a found 1/2" iron pipe on the west right-of-way
line of U.S. Highway 281, a variable width right-of-way, the
northeast corner of the remaining portion of a 692.353 acre tract
recorded in Volume 6609, Page 597-608 of the Official Public
Records of Real Property of Bexar County, Texas, the southwest
corner of a 98 acre tract recorded in Volume 2423, Page 332-334 of
the Official Public Records of Real Property of Bexar County,
Texas;
THENCE: S 89°16'24"W, departing the west right-of-way line of
said U.S. Highway 281, along and with north line of said remaining
portion of 692.353 acre tract, the south line of said 98 acre tract,
at a distance of 858.81 feet passing a found 1/2" iron rod marked
"Vickrey" at the northeast corner of the Mission Del Lago P.U.D.
Subdivision Unit 3 recorded in Volume 9554, Page 111 of the Deed and
Plat Records of Bexar County, Texas, continuing along and with the
south line of said 98 acre tract, the north line of said Mission Del
Lago P.U.D. Subdivision Unit 3 at a distance of 1423.81 feet passing
a found 1/2" iron rod marked "Baker" at the northwest corner of said
Mission Del Lago P.U.D. Subdivision Unit 3 continuing along and
with the south line of said 98 acre tract, the north line of said
remaining portion of 692.353 acre tract for a total distance of
2488.87 feet to a found 1" iron rod;
THENCE: Along and with the south line of said 98 acre tract,
the north line of said remaining portion of 692.353 acre tract, the
following calls and distances:
N 01°28'59"W, a distance of 130.35 feet to a found 1" iron
pipe;
N 79°32'47"W, a distance of 2396.47 feet to a found 1" iron
pipe, the southwest corner of said 98 acre tract, the northwest
corner of said remaining portion of 692.353 acre tract, on the east
line of said 96.14 acre tract;
THENCE: Along and with the east line of said 96.14 acre tract,
the west line of said remaining portion of 692.353 acre tract, the
following calls and distances:
S 24°49'48"W, a distance of 818.94 feet to a found 2" iron
pipe;
S 21°07'38"W, a distance of 114.18 feet to a set 1/2" iron rod
with a yellow cap marked "Pape-Dawson", the northeast corner of a
3.367 acre tract recorded in Volume 8840, Page 1936-1940 of the
Official Public Records of Real Property of Bexar County, Texas, a
southwest corner of said 96.14 acre tract;
THENCE: N 84°56'30"W, along and with the north line of said
3.367 acre tract, the south line of said 96.14 acre tract, a
distance of 374.08 feet to a found 3/4" iron pipe, on the east line
of a 307.75 acre tract recorded in Volume 7075, Page 152 of the
Official Public Records of Real Property of Bexar County, Texas,
the northwest corner of said 3.367 acre tract, the southeast corner
of said 96.14 acre tract;
THENCE: N 12°12'39"E, along and with the east line of said
307.75 acre tract, the west line of said 96.14 acre tract, a
distance of 2139.81 feet to a set 1/2" iron rod with a yellow cap
marked "Pape-Dawson", the northeast corner of said 307.75 acre
tract, the northwest corner of said 96.14 acre tract, the southwest
corner of said 67.25 acre tract, the southeast corner of a 36 1/2
acre tract recorded Volume 7659, Page 334-338 of the Deed Records of
Bexar County, Texas;
THENCE: N 89°59'06"E, along and with the north line of said
96.14 acre tract, the south line of said 67.25 acre tract, a
distance of 70.18 feet to a set 1/2" iron rod with a yellow cap
marked "Pape-Dawson";
THENCE: N 47°14'47"E, a distance of 937.60 feet to a set 1/2"
iron rod with a yellow cap marked "Pape-Dawson", on the north line
of said 67.25 acre tract;
THENCE: N 89°59'06"E, along and with the north line of said
67.25 acre tract at a distance of 492.90 feet passing the southwest
corner of a 12 acre tract recorded in Volume 9676, Page 1783-1785 of
the Official Public Records of Real Property of Bexar County, Texas
continuing along and with the north line of said 67.25 acre tract,
the south line of said 12 acre tract at a distance of 492.90 feet
passing the southeast corner of said 12 acre tract, the southwest
corner of a 13.5 acre tract recorded in Volume 2911, Page 335-337 of
the Official Public Records of Real Property of Bexar County, Texas
continuing along and with the north line of said 67.25 acre tract,
the south line of said 13.5 acre tract, at a distance of 1516.84
feet passing the southeast corner of said 13.5 acre tract, the
southwest corner of a 11.73 acre tract recorded in Volume 5907, Page
634-638 of the Official Public Records of Real Property of Bexar
County, Texas continuing along and with the north line of said 67.25
acre tract, the south line of said 11.73 acre tract for a total
distance of 2351.06 feet to a set 1/2" iron rod with a yellow cap
marked "Pape-Dawson", the southeast corner of said 11.73 acre
tract, the southwest corner of a 2.00 acre tract recorded in Volume
4743, Page 353-355 of the Official Public Records of Real Property
of Bexar County, Texas;
THENCE: S 00°00'54"E, a distance of 895.62 feet to a set 1/2"
iron rod with a yellow cap marked "Pape-Dawson";
THENCE: S 56°15'59"E, a distance of 649.04 feet to a set 1/2"
iron rod with a yellow cap marked "Pape-Dawson", on the south line
of said 96.14 acre tract, the north line of said 98 acre tract;
THENCE: Along and with the south line of said 96.14 acre
tract, the north line of said 98 acre tract, the following calls and
distances:
N 81°30'15"E, a distance of 549.66 feet to a set 1/2" iron rod
with a yellow cap marked "Pape-Dawson";
N 72°58'06"E, a distance of 411.44 feet to a set 1/2" iron rod
with a yellow cap marked "Pape-Dawson";
N 71°50'20"E, a distance of 233.25 feet to a set 1/2" iron rod
with a yellow cap marked "Pape-Dawson", on the west right-of-way
line of said Roosevelt Avenue;
THENCE: Along and with the west right-of-way line of said
U.S. Highway 281, the east line of said 98 acre tract, the following
calls and distances:
S 16°16'21"E, a distance of 561.45 feet to a Texas Department
of Transportation Monument, the beginning of a curve to the right;
Southeasterly with a curve to the right, said curve having a
radius of 5670.27 feet, a central angle of 9°32'47", a chord bearing
and distance of S 11°29'57" E, 943.67 feet, for an arc length of
944.76 feet to the POINT OF BEGINNING, and containing 219.94 acres
in the City of San Antonio, Bexar County, Texas. Said tract being
described in accordance with a survey made on the ground and a
survey map prepared by Pape-Dawson Engineers, Inc.
Tract 3:
A 149.58 acre, or 6,515,867 square foot more or less, tract of
land being a portion of that remaining portion of that 35.80 acre
tract as recorded and conveyed to Eric W. and Wanita Christensen in
Warranty Deed recorded in Volume 5079, Page 222-225 of the Official
Public Records of Real Property of Bexar County, Texas, a portion of
that 3.07 acre tract as recorded and conveyed to Peter L. Marshall
in Warranty Deed recorded in Volume 9859, Page 1413-1416 of the
Official Public Records of Real Property of Bexar County, Texas, a
portion of that 2.00 acre tract as recorded and conveyed to Yolanda
H. Colebank in Warranty Deed recorded in Volume 6334, Page 37-40 of
the Deed Records of Bexar County, Texas, a portion of that 29.5 acre
tract as recorded and conveyed to Cosmo F. Guido in Warranty Deed
recorded in Volume 5118, Page 1116-1118 of the Official Public
Records of Real Property of Bexar County, Texas, all of that
remaining portion of a 42.153 acre tract as recorded and conveyed to
Eric W. and Wanita Christensen in Warranty Deed recorded in Volume
4145, Page 1731-1732 of the Official Public Records of Real
Property of Bexar County, Texas, all of that 12.226 and 22.227 acre
tract as recorded and conveyed to Incarnate Word College in
Warranty Deed recorded in Volume 6344, Page 595-598 of the Official
Public Records of Real Property of Bexar County, Texas, all of that
2.00 acre tract as recorded and conveyed to Gary J. Roberts Jr. and
Heather N. Roberts in Warranty Deed recorded in Volume 7936, Page
2083-2086 of the Official Public Records of Real Property of Bexar
County, Texas, all of that 2.089 acre tract as recorded and conveyed
to Gilbert R. Jimenez and Robert D. Garza in Warranty Deed recorded
in Volume 5073, Page 989-990 of the Official Public Records of Real
Property of Bexar County, Texas, all of that 2.089 acre tract as
recorded and conveyed to Fred and Lydia Jimenex in Warranty Deed
recorded in Volume 6749, Page 105-109 of the Official Public
Records of Real Property of Bexar County, Texas, a portion of that
10.00 acre tract as recorded and conveyed to Richard G. Pulido Trust
in Warranty Deed recorded in Volume 9424, Page 159-161 of the
Official Public Records of Real Property of Bexar County, Texas, a
portion of that 10.00 acre tract as recorded and conveyed to Joe A.
De Gasperi in Warranty Deed recorded in Volume 9031, Page 2306-2307
of the Official Public Records of Real Property of Bexar County,
Texas, all of that 6.00 acre tract as recorded and conveyed to
Herman Roberts and Rosie Roberts in Warranty Deed recorded in
Volume 7139, Page 806-809 of the Official Public Records of Real
Property of Bexar County, Texas, all of that 6.00 acre tract as
recorded and conveyed to Herman Roberts and Rosie Roberts in
Warranty Deed recorded in Volume 6749, Page 99-104 of the Official
Public Records of Real Property of Bexar County, Texas, all of that
9.967 acre tract as recorded and conveyed to Herman Roberts and
Rosie Roberts in Warranty Deed recorded in Volume 6785, Page 29-32
of the Official Public Records of Real Property of Bexar County,
Texas, all of that 10.00 acre tract as recorded and conveyed to
Hiram Polendo in Warranty Deed recorded in Volume 5624, Page
1030-1034 of the Official Public Records of Real Property of Bexar
County, Texas, all of that 1.00 acre tract as recorded and conveyed
to W.J. Emick in Warranty Deed recorded in Volume 5957, Page
1565-1567 of the Official Public Records of Real Property of Bexar
County, Texas, all of that 2.00 acre tract as recorded and conveyed
to Wayne Bass in Warranty Deed recorded in Volume 10517, Page
1081-1085 of the Official Public Records of Real Property of Bexar
County, Texas, all of Lot 31 of the Bass Subdivision recorded in
Volume 9522, Page 20 of the Deed and Plat Records of Bexar County,
Texas, and being out of the Juan M. Uriegas Survey No. 32, Abstract
769, County Block 4283 of Bexar County, Texas, situated in New City
Block (N.C.B.) 11039 and 15647 of the City of San Antonio, Bexar
County, Texas. Said 149.58 acre tract being more fully described as
follows:
COMMENCING: At a found 1/2" iron rod on the east right-of-way
line of U.S. Highway 281, a variable width right-of-way, the
northwest corner of the remaining portion of a 1115.024 acre tract
recorded in Volume 5716, Page 396-412 of the Official Public
Records of Real Property of Bexar County, Texas, the southwest
corner of the remaining portion of a 35.80 acre tract recorded in
Volume 5079, Page 222-225 of the Official Public Records of Real
Property of Bexar County, Texas;
THENCE: S 89°57'22"E, departing the east right-of-way line of
said U.S. Highway 281, along and with the south line of the
remaining portion of said 35.80 acre tract, the north line of the
remaining portion of said 1115.024 acre tract, a distance of
2147.64 feet to the POINT OF BEGINNING;
THENCE: N 00°04'02"E, departing the south line of the
remaining portion of said 35.80 acre tract, the north line of the
remaining portion of said 1115.024 acre tract, a distance of 567.33
feet to the southeast corner of said 29.5 acre tract, a corner of
the remaining portion of said 35.80 acre tract;
THENCE: S 87°42'19"W, along and with the south line of said
29.5 acre tract, the north line of the remaining portion of said
35.80 acre tract, a distance of 825.21 feet to the southwest corner
of said 29.5 acre tract;
THENCE: Along and with the west line of said 29.5 acre tract,
the following calls and distances:
N 20°02'56"E, a distance of 170.77 feet to a point
N 20°53'56"E, a distance of 955.80 feet to a point;
N 00°13'56"E, a distance of 17.09 feet to a point;
THENCE: S 89°54'35"E, departing the west line of said 29.5
acre tract, a distance of 426.20 feet to a point on the east line of
said 29.5 acre tract, a west line of the remaining portion of said
35.80 acre tract;
THENCE: N 00°04'02"E, along and with the east line of said
29.5 acre tract, a west line of the remaining portion of said 35.80
acre tract, a distance of 238.58 feet to a point;
THENCE: S 89°20'08"E, departing the east line of said 29.5
acre tract, a west line of the remaining portion of said 35.80 acre
tract, a distance of 41.19 feet to a point on the west line of a
30.00 acre tract recorded in Volume 9859, Page 1413-1416 of the
Official Public Records of Real Property of Bexar County, Texas, a
east line of the remaining portion of said 35.80 acre tract;
THENCE: S 00°22'35"E, along and with the west line of said
30.00 acre tract, a east line of the remaining portion of said 35.80
acre tract, a distance of 448.92 feet to a point, the southwest
corner of said 30.00 acre tract;
THENCE: N 89°47'13"E, along and with the south line of said
30.00 acre tract, a distance of 630.65 feet to a found 1/2" iron rod
marked "Baker", the southeast corner of said 30.00 acre tract, on
the west line of said 22.227 acre tract;
THENCE: N 00°48'52"W, along and with the east line of said
30.00 acre tract, the west line of said 22.227 acre tract, at a
distance of 1959.33 feet passing the southeast corner of said 1.00
acre tract, a northeast corner of said 30.00 acre tract, continuing
along and with the east line of said 1.00 acre tract, the west line
of said 22.227 acre tract, at a distance of 208.72 feet on the south
right-of-way line of Chavaneaux Road, a 50-foot right-of-way,
passing the northeast corner of said 1.00 acre tract, the northwest
corner of said 22.227 acre tract, departing the south right-of-way
line of said Chavaneaux Road, at a distance of 50.00 feet passing
the north right-of-way line of said Chavaneaux Road, the south line
of said 3.07 acre tract, continuing for a total distance of 2387.38
feet to a point on the south right-of-way line of Loop 410, a
variable width right-of-way, the north line of said 3.07 acre
tract;
THENCE: N 89°51'41"E, along and with the south right-of-way
line of said Loop 410, a distance of 832.60 feet to a point on the
north line of said 2.00 acre tract;
THENCE: S 00°29'54"W, departing the south right-of-way line
of said Loop 410, the north line of said 2.00 acre tract, at a
distance of 186.50 feet passing the north right-of-way line of said
Chavaneaux Road, for a total distance of 1325.47 feet to a point,
the southwest corner of a 1.00 acre tract recorded in Volume 9108,
Page 1703-1705 of the Official Public Records of Real Property of
Bexar County, Texas, the northwest corner of said 6.00 acre tract;
THENCE: S 89°49'44"E, a distance of 775.92 feet to a point on
the west line of a 14.94 acre tract recorded in Volume 4616, Page
398-399 of the Official Public Records of Real Property of Bexar
County, Texas, the east line of said 10.00 acre tract;
THENCE: S 00°29'54"W, along and with the east line of said
10.00 acre tract, a distance of 2157.76 feet to a point, the
northwest corner of a 2.303 acre tract recorded in Volume 7192, Page
267-268 of the Official Public Records of Real Property of Bexar
County, Texas, a corner of said 10.00 acre tract;
THENCE: S 11°44'36"W, along and with the east line of said
10.00 acre tract, the west line of said 2.303 acre tract, a distance
of 307.41 feet to a point, the southwest corner of said 2.303 acre
tract, the southeast corner of said 10.00 acre tract, on the north
line of the remaining portion of said 1115.024 acre tract;
THENCE: N 89°57'22"W, along and with the north line of the
remaining portion of said 1115.024 acre tract, a distance of
2158.65 feet to the POINT OF BEGINNING, and containing 149.58 acres
in the City of San Antonio, Bexar County, Texas. Said tract being
described in accordance with a survey made on the ground and a
survey map prepared by Pape-Dawson Engineers, Inc.
SECTION 3. The legislature finds that:
(1) proper and legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished by
the constitution and laws of this state, including the governor,
who has submitted the notice and Act to the Texas Commission on
Environmental Quality;
(2) the Texas Commission on Environmental Quality has
filed its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with; and
(4) all requirements of the constitution and laws of
this state and the rules and procedures of the legislature with
respect to the notice, introduction, and passage of this Act have
been fulfilled and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.